The purposes of this article authorizing flexible development
are as follows:
A.
To encourage the preservation of open land for its scenic beauty
and to enhance agricultural, open space, forestry, and recreational
uses;
B.
To preserve historical and archeological resources; to protect the
natural environment, including the Town's varied landscapes and water
resources;
C.
To protect the value of real property;
D.
To promote more sensitive siting of buildings and better overall
site planning;
E.
To perpetuate the appearance of the Town's traditional New England
landscape;
F.
To facilitate the construction and maintenance of streets, utilities,
and public services in a more economical and efficient manner;
G.
To offer an alternative to standard subdivision development;
H.
To promote the development of housing affordable to low-, moderate-,
and median-income families; and
I.
To promote the development of housing for persons over the age of
55.
The following definitions apply to this article:
Affordable to persons in the area under the applicable guidelines
of the commonwealth's Department of Housing and Community Development
or its successor agency earning 50% or less of the median income.
Affordable to persons in the area under the applicable guidelines
of the commonwealth's Department of Housing and Community Development
or its successor agency earning more than 50% but less than 80% of
the median income.
Those structures reserved for occupants who have reached
the age of 55 years old.
A minimum of 50% open area which is suitable and sufficient for those purposes as set forth in § 199-11.1 above. Such open space may be separated by the road(s) constructed within the flexible development. Contiguous open space shall not include required yard setbacks.
In accordance with the following provisions, a flexible development
project may be created, whether a subdivision or not, from any parcel
or set of contiguous parcels held in common ownership and located
entirely within the Town. Flexible development is available in areas
zoned R-20, R-30, RA and CR.
Flexible development may be authorized upon the issuance of a special permit by the Planning Board as detailed in § 199-13.4. Applications for a flexible development shall be filed in eight copies for distribution to the Board of Selectmen, Board of Health, Conservation Commission, Department of Public Works, Planning Board, Police Chief/Traffic Commission, Ambulance Squad/Fire Department and Building Commissioner for a thorough review. The application should include the following:
B.
Wetland delineation shall be indicated on the preliminary plan.
C.
Informal review. Applicants are urged to meet with the Town's reviewing
authorities prior to submitting a formal application for a flexible
development. In this way, many of the issues and questions concerning
a project can be resolved in advance.
D.
Request for waivers should cite the appropriate Subdivision Rules
and Regulations or special permit requirement.
Each development plan shall follow the design process outlined
below. When the development plan is submitted, applicants shall be
prepared to demonstrate to all Town authorities that this design process
was considered in determining the layout of proposed streets, house
lots, and contiguous open space.
A.
Understanding the site. The first step is to inventory existing site
features, taking care to identify sensitive and noteworthy natural,
scenic and cultural resources on the site, and to determine the connection
of these important features to each other.
B.
Evaluating site context. The second step is to evaluate the site
in its larger context by identifying physical (e.g., stream corridors,
wetlands), transportation (e.g., roads, paths and bicycle networks),
and cultural (e.g., recreational opportunities) connections to surrounding
land uses and activities.
C.
Designating the contiguous open space. The third step is to identify
the contiguous open space to be preserved on the site. Such open space
should include the most sensitive and noteworthy resources of the
site, and, where appropriate, areas that serve to extend neighborhood
open space networks.
D.
Location of development areas. The fourth step is to locate building
sites, streets, parking areas, paths and other built features of the
development. The design should include a delineation of private yards,
public streets and other areas, and shared amenities, so as to reflect
an integrated community, with emphasis on consistency with the Town's
historical development patterns and in harmony with the Town's Master
Plan.
E.
Lot lines. The final step is simply to draw in the lot lines (if
applicable).
Applicants are encouraged as part of a flexible development
to modify lot size, shape, and other dimensional requirements for
lots within a flexible development, subject to the following limitations:
A.
Lots to be modified shall not have frontage on a street other than
a street created by the flexible development; however, this requirement
may be waived where it is determined that such reduced lot(s) are
consistent with existing development patterns in the neighborhood.
B.
At least 50% of the required frontage as well as side, rear, and
front dimensions in the zoning district shall be maintained in the
flexible development.
To qualify, a flexible development project shall have a minimum
six lots. The basic maximum number of dwelling units allowed in a
flexible development shall not exceed the number of dwelling units
which could reasonably be expected to be developed within the site
under a conventional plan and in full conformance with all zoning
and subdivision regulations, health regulations, wetlands regulations,
Department of Public Works regulations and other applicable requirements.
The proponent shall have the burden of proof with regard to the design
and engineering specifications for such an alternative conventional
subdivision plan.
The applicant may be awarded a density bonus for open space
to increase the number of dwelling units beyond the basic maximum
number. In the aggregate, the density bonus shall not exceed 50% of
the basic maximum number. All dwelling units awarded as density bonuses
from all sources shall be two-bedroom units; strict compliance with
this requirement may be waived. Computations shall be rounded to the
nearest number. A density bonus may be awarded in the following circumstances:
A.
Open space. For every 10% over and above the area designated as open
space, a bonus of 5% of the basic maximum number of lots allowed may
also be awarded. In the aggregate, density bonuses for open space
shall not exceed 25% of the basic maximum number of lots allowed.
B.
Age-restricted housing. For every two dwelling units restricted to
occupancy by persons who have reached the age of 55, one dwelling
unit may be added as a density bonus; provided, however, that the
elderly density bonus shall not exceed 10% of the basic maximum number.
A.
As a condition of the grant of any special permit for a flexible
development, dwelling units shall be restricted for a period not less
than 30 years in the following manner:
B.
The affordable dwelling units shall be in addition to those otherwise
available as part of the basic maximum number and shall not be computed
as part of any density bonus. The thirty-year restriction shall be
approved as to form by Town Counsel, and a right of first refusal
upon the transfer of such restricted units shall be granted to the
local housing authority for a period not less than 120 days after
notice thereof.
The flexible development may consist of any combination of single-family,
two-family, multiple single-family, multifamily residential structures
and accessory buildings. A multifamily or multiple single-family structure
shall not contain more than five dwelling units. Multifamily and multiple
single-family structures of more than three dwelling units require
an additional special permit from the Board of Selectmen. The architecture
of all multifamily or multiple single-family buildings shall be residential
in character and employ a variety of architectural designs. Residential
structures should be oriented toward the street serving the premises
and not the required parking area.
The principal roadway(s) serving the site shall be designed
to conform with the standards set forth in the Town's Subdivision
Rules and Regulations.[1] Applicants will be urged to maintain all roadways, infrastructure
and open space as private. At an annual Town Meeting, the Town may
vote to accept the roadway, provided that it meets the Town's Subdivision
Rules and Regulations in effect at the time of the vote. Private ways
shall be adequate for their intended use, for vehicular traffic and
shall be maintained by an association of unit owners or by the applicant.
Each dwelling unit shall be served by two off-street parking
spaces. Parking spaces in front of garages as well as the garage area
itself may count in this computation.
A.
A minimum of 50% of the parcel shown on the development plan shall
be contiguous open space. Any proposed contiguous open space, unless
conveyed to the Town or its Conservation Commission, shall be subject
to a recorded restriction enforceable by the Town, providing that
such land shall be perpetually kept in an open state; that it shall
be preserved for exclusively agricultural, horticultural, educational
or recreational purposes; and that it shall be maintained in a manner
which will ensure its suitability for its intended purposes.
B.
The percentage of the contiguous open space which is wetlands shall not normally exceed the percentage of the tract which is wetlands; provided, however, that the applicant may include a greater percentage of wetlands in such open space upon a demonstration that such inclusion promotes the purposes set forth in § 199-11.1 above. In no case shall the percentage of contiguous open space which is wetlands exceed 50% of the tract.
C.
The contiguous open space shall be used for conservation, historic
preservation and education, outdoor recreation, park purposes, or
for agriculture, horticulture, forestry, or for a combination of these
uses, and shall be served by suitable access for such purposes.
D.
The contiguous open space shall remain unbuilt upon, except that
the applicant may permitted up to 10% of such open space to be paved
or built upon for structures accessory to the dedicated use or uses
of such open space, pedestrian walks, and bike paths.
E.
Underground utilities to serve the flexible development site may
be located within the contiguous open space.
The contiguous open space shall be conveyed to:
A.
The Town or its Conservation Commission;
B.
A nonprofit organization, the principal purpose of which is the conservation
of open space and any of the purposes for such open space are set
forth above;
C.
A corporation or trust owned jointly or in common by the owners of
lots within the flexible development. If such corporation or trust
is utilized, ownership thereof shall pass with conveyance of the lots
in perpetuity. Maintenance of such open space and facilities shall
be permanently guaranteed by such corporation or trust, which shall
provide for mandatory assessments for maintenance expenses to each
lot. Each such trust or corporation shall be deemed to have assented
to allow the Town to perform maintenance of such open space and facilities.
If the trust or corporation fails to provide adequate maintenance,
it shall grant the Town an easement for this purpose. In such event,
the Town shall first provide 14 days' written notice to the trust
or corporation as to the inadequate maintenance, and, if the trust
or corporation fails to complete such maintenance, the Town may perform
the work and all costs associated with the project shall be divided
among the owners and payment to the Town will be made through the
Town Collector or Treasurer. Each individual deed, and the deed of
trust or articles of incorporation, shall include provisions designed
to effect these provisions. Documents creating such trust or corporation
shall be submitted with the application for evaluation, and be approved
by the Town Counsel and thereafter be recorded in the Registry of
Deeds.
A buffer area of 100 feet shall be provided at the perimeter
of the property where it abuts residentially zoned or residentially
occupied properties, except for driveways necessary for access and
egress to and from the site. No vegetation in this buffer area will
be disturbed, destroyed or removed, except for normal maintenance
or to meet the screening requirements. This requirement may be reduced
to no less than 50 feet for the following reasons:
A.
Where the land abutting the site is the subject of a permanent restriction
for conservation or recreation which may include such restricted land
area within such buffer area calculation; or
B.
Where the land abutting the site is held by the Town for conservation
or recreation purposes; or
C.
It is determined that a smaller buffer will suffice to accomplish
the objectives set forth herein.
Stormwater management shall be consistent with the requirements
set forth in the Town's Subdivision Rules and Regulations[1] and the Department of Public Works specifications and
all state and federal requirements. Details of the stormwater plan
should be a part of the application for flexible development.
The application for flexible development may be approved, approved with conditions, or denied after determining whether the flexible development better promotes the purposes of § 199-11.1 of this article than would occur through a standard subdivision development as defined by the Town's Subdivision Regulations[1] on the same tract.
The submittals and permits of this section shall be in addition
to any other requirements of the Subdivision Control Law[1] or any other provisions of this chapter. Particular attention should be paid to the requirements of § 199-9.2 where multifamily and multiple single-family housing is involved.
[1]
Editor's Note: See MGL c. 41, § 81K et seq.
The following matters shall be reviewed by the Town Counsel:
A.
Documentation for the protection and maintenance plan for common
property and infrastructure.
B.
The homeowners' association agreement.
C.
Documentation establishing procedures for maintaining open space
and for the selection of the agency for assuming this responsibility.
D.
Documentation required for Town ownership of sewer and water lines
and for their maintenance and cost sharing as required by the Town's
Department of Public Works.
E.
All performance guarantees, security deposits, release of guarantees,
all easements, covenants and deed restrictions where appropriate.
